How the panel make decisions

Before the panel make their decision, everyone else leaves the hearing room except the clerk. The clerk stays to advise the panel on procedure and law.

The panel must take into account:

  • your preference and the reasons for it
  • the local authority’s published arrangements for admissions, and the points made by their representative during the hearing

If there are several appeals for the same school, the panel will hear them all before making their decisions. Even if this is the case, each appeal will be considered on its own merits.

Making the decision

The panel's decision is binding, which means the admissions authority and the school must accept it.

There’s a 2-stage process the panel follow to make their decision (except for infant class-size appeals).

Stage 1

The panel considers the local authority’s case. It can only allow your appeal if:

  • your child was not offered a place because the admission arrangements do not comply with the law, or they’ve not been properly applied
  • admitting your child would not negatively impact either the quality of education the school can provide, or the resources they have available, such as IT equipment or bus capacity 

If the panel is not satisfied that the admissions authority has successfully made its case at stage 1, they will allow your appeal.

If the panel is satisfied that the admissions authority has made its case at stage 1, they move to stage 2.

Stage 2

In this stage the panel consider your case and balance it against the impact of admitting your child.

If they consider that the reasons your child should attend the school outweigh the impacts the admissions authority put forward, they’ll allow your appeal.

This means the school will have to take more pupils than planned.

Decision process for infant class-size appeals

Infant class sizes are limited to 30 pupils per teacher. This applies to:

  • reception
  • year 1
  • year 2

More children may be admitted under limited exceptional circumstances. These children are classified as 'excepted pupil' for the time they are in an infant class, or until the class numbers fall back to the current infant class size limit.

To be admitted as an excepted pupil, they need to meet one of the following circumstances.

They have:

  • a statement of special educational needs (SEN) or an education, health and care plan (EHCP) and need admitting during the school year
  • special educational needs and attend a mainstream school where the SEN provision does not include infant classes
  • moved into the area during the school year and have no other available school within a reasonable distance
  • not been offered a place at the school under the local offer because of an error in applying the admission arrangements so a place should have been offered
  • been, or currently are, a child in our care who needs admitting during the school year
  • have gained a place following a successful appeal
  • are a child of UK service personnel and need admitting during the school year
  • a twin or sibling from a multiple birth who was admitted (other than as an excepted pupil)

Panels make decisions about infant class-size admission appeals using a 2-stage process.

Stage 1

The panel can only allow your appeal if:

  • admitting your child will not breach the infant class size limit
  • your child was not offered a place because the admission arrangements do not comply with the law, or they’ve not been properly applied
  • the decision to refuse admission was not one which a reasonable admission authority would make in your circumstances

If the panel is not satisfied that the local authority has successfully made its case at stage 1, they will allow your appeal.

If the panel is satisfied that the local authority has made its case at stage 1, they move to stage 2.

Stage 2

In this stage the panel consider your case and balance it against the impact of admitting your child.